74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1128
 
                         House Bill 2339
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for Oregon District Attorneys Association)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Authorizes state or defendant to obtain financial records in
response to subpoena in criminal actions. Requires production of
financial records directly to court or grand jury. Allows
production of financial records to grand jury without personal
service on customer whose records are sought.
 
                        A BILL FOR AN ACT
Relating to subpoenas for financial records in criminal actions.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2007 Act is added to and made
a part of ORS chapter 136. + }
  SECTION 2.  { + (1) As used in this section:
  (a) 'Customer' has the meaning given that term in ORS 192.550;
and
  (b) 'Financial records' has the meaning given that term in ORS
192.550.
  (2) The state or the defendant may obtain financial records by
subpoena. Custodians of financial records shall produce records
only to the court or the clerk of the court before which the
matter is pending, or, in relation to grand jury proceedings, to
the grand jury. Notwithstanding ORS 192.565, grand jury subpoenas
do not require personal service upon the customer whose financial
records are sought. + }
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